| Course Name | Constitutional Adjudication |
| Code | Semester | Theory (hour/week) | Application/Lab (hour/week) | Local Credits | ECTS |
|---|---|---|---|---|---|
| HUK 486 | Fall/Spring | 3 | 0 | 3 | 5 |
| Prerequisites | None | |||||
| Course Language | Turkish | |||||
| Course Type | Elective | |||||
| Course Level | First Cycle | |||||
| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | ||||||
| Course Coordinator | ||||||
| Course Lecturer(s) | ||||||
| Assistant(s) | ||||||
| Course Objectives | The aim of this course is to introduce the procedural aspect of compulsory constitutional law education in the law faculty curriculum to the students. |
| Learning Outcomes | The students who succeeded in this course;
|
| Course Description | This course examines the adjudicative dimension of constitutional law from a comparative perspective. Constitutional review of the legislation, which is a sanction of constitutional rules, is the practical reflection of the theoretical constitutional law. It deals with the emergence of constitutional adjudication in the historical process, its development and types. The institutional and functional characteristics of the Turkish constitutional adjudication will be examined comparatively with other examples in the world. |
| Related Sustainable Development Goals |  |
|
| Core Courses | |
| Major Area Courses | X | |
| Supportive Courses | ||
| Media and Managment Skills Courses | ||
| Transferable Skill Courses |
| Week | Subjects | Required Materials |
| 1 | Fundamental concepts of constitutional adjudication | İba & Kılıç, p. 1-21 |
| 2 | History, meaning and function of constitutional adjudication | İba & Kılıç, p. 21-32, 40-49; Özbudun, s. 46-57. |
| 3 | Marbury v Madison | İba & Kılıç, p. 66-71 |
| 4 | The birth of constitutional adjudication in Turkey | İba & Kılıç, p. 32-40 |
| 5 | Political review of constitutionality | İba & Kılıç, p. 51-57 |
| 6 | Decentralized constitutional adjudication | İba & Kılıç, p. 64-72 |
| 7 | Centralized constitutional adjudication | İba & Kılıç, p. 72-74 |
| 8 | The problem of legitimacy of constitutional adjudication | Özbudun, s. 57-63. |
| 9 | Establishment of the constitutional court | İba & Kılıç, p.157-184 |
| 10 | Norm standards & Types of Review | İba & Kılıç, p. 197-210 |
| 11 | Rules banned from review of the constitutional court | İba & Kılıç, p. 185-195 |
| 12 | Types and results of the decisions of the constitutional court | İba & Kılıç, p. 211-227 |
| 13 | Individual application (I) | İba & Kılıç, p. 97-108 |
| 14 | Individual application (II) | İba & Kılıç, p. 108-143 |
| 15 | Review of the semester | |
| 16 | Final Exam |
| Course Notes/Textbooks | Şeref İBA & Abbas Kılıç, Anayasa Yargısı Dersleri, 3. Baskı, Ankara: Turhan, 2019. |
| Suggested Readings/Materials | Ergun Özbudun, Anayasalcılık ve Demokrasi, Ankara: Yetkin, 2019. |
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments | 1 | 50 |
| Presentation / Jury | ||
| Project | ||
| Seminar / Workshop | ||
| Oral Exam | ||
| Midterm | ||
| Final Exam | 1 | 50 |
| Total |
| Weighting of Semester Activities on the Final Grade | 1 | 50 |
| Weighting of End-of-Semester Activities on the Final Grade | 1 | 50 |
| Total |
| Semester Activities | Number | Duration (Hours) | Workload |
|---|---|---|---|
| Course Hours (Including exam week: 16 x total hours) | 16 | 3 | 48 |
| Laboratory / Application Hours (Including exam week: 16 x total hours) | 16 | ||
| Study Hours Out of Class | 16 | 4 | 64 |
| Field Work | |||
| Quizzes / Studio Critiques | |||
| Portfolio | |||
| Homework / Assignments | 1 | ||
| Presentation / Jury | |||
| Project | |||
| Seminar / Workshop | |||
| Oral Exam | |||
| Midterms | 14 | ||
| Final Exams | 1 | 24 | |
| Total | 136 |
| # | Program Competencies/Outcomes | * Contribution Level | ||||
1 | 2 | 3 | 4 | 5 | ||
| 1 | To be able to possess the knowledge in legal terminology, concepts and principles. | X | ||||
| 2 | Solves the legal problems with an analytic and integral point of view. | X | ||||
| 3 | Evaluates the legal knowledge and abilities obtained with a critical approach. | X | ||||
| 4 | Evaluates the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions. | X | ||||
| 5 | Is conscious of social, professional and scientific principles of ethic behaviour. | |||||
| 6 | Takes responsibility in solving problems by creative and innovative thinking. | X | ||||
| 7 | Interprets the sources of law by ways of legal methodology. | |||||
| 8 | To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law. | X | ||||
| 9 | To be able to use the daily scientific sources and court judgments in the framework of life time learning approach. | X | ||||
| 10 | Informs the related persons and institutions about legal matters both verbally and in written. | X | ||||
| 11 | Monitors the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1). | X | ||||
| 12 | Uses the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”). | |||||
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest
